2018 D.C//T/P/S/R V010218

Transcription

1 Safe Hands Plans Limited, trading as Safe Hands Funeral Plans Registered office: 8 Peterson Road, Wakefield, West Yorkshire, WF1 4EB (Tel: ) Company No: TERMS & CONDITIONS (the Terms ) Please ensure your family/executors are aware that you have purchased a Safe Hands Funeral Plan. Ensure you store your funeral plan documentation in a safe place preferably with your will documents. Please ensure you have read and understood these Terms. Advice for Plan Holder s Representative(s) to follow in the event of the Plan Holder s death 1. When death occurs, the next of kin or executors must contact Safe Hands Funeral Plans on our dedicated 24hr response line ( ). 2. Safe Hands Funeral Plans will appoint the funeral director, whose responsibility it will be to undertake the funeral in accordance with the details contained within the funeral plan. The funeral director will liaise directly with you (the Plan Holder s representative(s)) and, where applicable, the hospital/residential home to organise collection of the deceased. 3. Safe Hands Funeral Plans will require proof of death (Death Certificate, or green Registrar s form) to allow access to the Trust, in order to pay for the funeral service. Note: Proof of death will be provided to Safe Hands by the appointed Funeral Director. 4. Please be aware that additional charges are likely to be payable if the death is not reported to Safe Hands Funeral Plans directly in the first instance. 1. DEFINITIONS In these Terms the words listed below shall have the following meanings unless the context otherwise requires: 3 rd Party Agent means an individual and/or company (other than the Company) through whom the Plan may have been purchased. At Need Plan means a Plan purchased in anticipation of the imminent death of the Plan Holder, or in the immediate aftermath of the death of the Plan Holder Attorney means any individual who has legally appointed powers to oversee/manage the Plan Holder s legal and/or financial affairs. Cancellation Charge means the cancellation charge which may be made by the Company in accordance with the provisions of these Terms (namely 249). Company means Safe Hands Plans Limited (trading as Safe Hands Funeral Plans). Disbursements (also known as 3 rd Party Fees) means any out of pocket expenses or sums payable by the Funeral Director and/or Company, for elements of the funeral that are outside of the Funeral Director s and/or Company s control as defined in these Terms. Double Plan means two plans that have been purchased together at the same time (for instance, by a married/cohabiting couple). Funeral Director means the firm and/or individual(s) appointed by the Company, responsible for carrying out the Plan Holder s funeral. Funeral Director s Fees and Services means elements making up the cost of a funeral, for which the Funeral Director receives payment directly. Plan means the Funeral Plan identified in this agreement which includes the services agreed to be provided by the Company under the Terms of that Plan. Plan Certification means the official paperwork (including Plan number and instructions for your Representatives to follow in the event of your death, a copy of the Terms, and details of your application). Plan Effective Date means the date on which the Plan becomes effective subject to Section 2 of these Terms. Plan Holder means you, the customer or, where you are purchasing the Plan for the benefit of some other person, that person named within that specific Plan. Plan Holder s Representative(s) means the person or persons acting on the Plan Holder s behalf, in the event of the Plan Holder s death, under a Power of Attorney or otherwise. Plan Purchaser means a person or persons purchasing a Plan on someone else s behalf. Terms means these terms and conditions. 2. CONTRACT 2.1 Applicable to All Plans: Where the Plan is purchased direct from the Company or from one of the Company s 3 rd Party Agents either via telephone or online (both meaning no application form will have been signed by the Plan Holder/Plan Purchaser), then within 5 to 10 working days the Company will send to the Plan Holder/Plan Purchaser their Plan Certification and Welcome Pack confirming the details of the Plan. If, within 30 days of the Plan Holder/Plan Purchaser committing to the purchase, the Company receives no notification from the Plan Holder/Plan Purchaser to state that they are dissatisfied with these Terms, and/or that they wish to cancel the Plan pursuant to Section 10, it shall be taken the Plan Holder/Plan Purchaser is satisfied with the Plan and with these Terms, and the contract will have existed from the date of processing the Plan Certification by the Company, which date is therefore the Plan Effective Date. 2.2 Applicable to All plans: Where the Plan is purchased direct from the Company or from one of the Company s 3 rd Party Agents via a face-to-face consultation, and the Plan Holder/Plan Purchaser is presented with an application form detailing the Plan being purchased and associated payment terms and a copy of these Terms, for signature - If, within 30 days of the Plan Holder/Plan Purchaser committing to the purchase, the Company receives no notification from the Plan Holder/Plan Purchaser to state that they are dissatisfied with the Plan or with these Terms, and/or that they wish to cancel the Plan pursuant to Section 10, it shall be taken the

2 Plan Holder/Plan Purchaser is satisfied with the Plan and with these Terms, and the contract will have existed from the date of processing the Plan Certification by the Company, which date is therefore the Plan Effective Date. 3. OBLIGATIONS OF THE COMPANY 3.1 Applicable to All plans: Upon receipt of payment for the Plan to the value shown in the Plan Certification (plus any Instalment Handling Charges that may be applicable pursuant to 8.1 and 8.5), the Company will provide or procure the services stipulated in the Plan under these Terms and subject also to the exclusions and limitations in Section 4 of these Terms. 3.2 Applicable to All plans: If you have a complaint about the Company, then you are asked in the first instance to contact the Company by letter (to Safe Hands Funeral Plans Complaints) or by (to complaints@safehandsplans.co.uk) which will endeavour to resolve in accordance with its formal complaints procedure (see for more information). 3.3 Applicable to All plans: Any complaints about the Funeral Director should be referred back to their own disciplinary department for determination (if applicable) under its own complaints procedure. 3.4 Applicable to the Topaz, Pearl, Sapphire, and Ruby Plans only: The Company will assign the Plan, immediately upon receipt of the Plan Holder s/plan Purchaser s completed application, to a Funeral Director local to the Plan Holder s place of residence. However, subject to Section 3.6, the Plan Holder/Plan Purchaser is permitted to nominate a Funeral Director that they would prefer to undertake their funeral service in which case, when the Plan Holder dies, the Company will offer the benefit of the funeral to the Plan Holder s/plan Purchaser s nominated preferred Funeral Director. However, if for any reason the Plan Holder s/plan Purchaser s nominated preferred Funeral Director is unavailable/unable to undertake the funeral, it will instead be assigned to an alternative local Funeral Director selected at the Company s discretion, without further cost to the Plan Holder s family and/or estate subject to provisions of these Terms. 3.5 Applicable to All plans: If the Plan is purchased after the death of the Plan Holder (referred to as an At Need plan), the Funeral Director will be appointed at the complete discretion of the Company. 3.6 At the present time, funerals to be funded through the purchase of the Company s Plans, cannot be, without the prior written consent of the Company, be assigned to, or conducted by any firm of funeral directors owned by Dignity Plc. 3.7 Applicable to All Plans: Upon death of the Plan Holder it is the responsibility of the Plan Holder s Representative(s) to notify the Company in the first instance on directly rather than any other funeral service provider or Funeral Director. If the Plan Holder s Representative(s) fails to notify the Company in the first instance that the Plan Holder has passed away and/or a funeral takes place or is organised without the Company s knowledge and consent, then the Company accepts no liability for the quality of the services received. Similarly, no monies can be claimed against the Plan after a funeral arranged without the Company s prior knowledge and consent, has taken place. Any payment in such circumstances will be at the complete discretion of the Company. 3.8 The Plan has no cash value, and no monies can be claimed against it either before or after the funeral has taken place (except under the circumstances set out in Section The Company guarantees the provision of the Funeral Director s Fees and Services, at no additional cost to the Plan Holder/Plan Holder s Representative(s) subject to the provisions of these Terms. 4. EXCLUSIONS & LIMITATIONS 4.1 Applicable to Pearl, Sapphire, and Ruby Plans only: The price of the funeral in the Plan includes an allowance of 1,200 towards certain Disbursements. This Disbursements allowance applies to only the following 3 elements, specifically (1) Cremation fee, or interment fee if burial (2) Doctor s fee (3) Minister s/celebrant s fee for the committal service only (Note: unless paid for as an addition, the Plan price does not include a church service). If, between the date of the purchase of the Plan and the date of the funeral, the actual cost of these Disbursements rises by more than the increase in the Consumer Price Index (CPI), then You or your Personal Representatives (or other person(s) overseeing your funeral) will be liable to pay the difference to the Funeral Director in accordance with their payment terms. For instances where one, or more, of the above listed Disbursements is not required, no refund will be given to the Plan Holder or Plan Holder s Representative(s) Applicable to the Direct Cremation Plan only: The Funeral Director tasked with undertaking the funeral will be selected at the complete discretion of the Company Applicable to the Direct Cremation Plan only: The crematorium at which the cremation will take place, and the Funeral Director tasked with undertaking the funeral, will be selected at the complete discretion of the Company. 4.3 Applicable to the Topaz Plan only: The Plan includes all Funeral Director s Fees and Services detailed in the Plan, but excludes Disbursements. The Disbursements need to be paid at the time of need (or can also be paid for whilst the Plan Holder is living) If they are paid before the time of need, they are payable to the Company and will be charged at whatever the Company s standard Disbursements allowance amount is at that time (currently it is 1,200), which will be applied specifically to the cremation fee (or interment fee, if burial), doctor s fee, and minister s/celebrant s fee for the committal service at the crematorium (or graveside, if burial). If Disbursements are to be paid for at the time of need, they must be paid directly to the Funeral Director or relevant service provider, and will be charged at whatever the prevalent rate is at that time. 4.4 Applicable to Direct Cremation Plan only: The scope of the Plan and the extent of services provided, are limited to the cremation of the Plan Holder only. The Plan includes doctor s fees, the cost of collecting the deceased, storage of the deceased prior to cremation, a coffin, and the cremation fee itself. The Plan does not include a funeral service of any kind. Though the Company will endeavour to utilise the services of a crematorium that is local to the Plan Holder s place of death, this is subject to availability and the

3 Company reserves the right to utilise any crematorium it so chooses, anywhere within the UK. 4.5 Applicable to Topaz, Pearl, Sapphire and Ruby Plans where they have been varied to provide for burial: For Plans which are tailored for burial, the burial plot is not included within the Plan price as standard, and must be purchased separately at some point prior to the funeral taking place. If the Plan Holder wishes to purchase a burial plot, they must do so directly via the relevant Local Authority Bereavement Services Department (or cemetery owner if cemetery is privately owned). 4.6 Applicable to Topaz, Pearl, Sapphire, and Ruby Plans: The price of the Plan includes the collection of the deceased by the Funeral Director from anywhere within 25 miles (measurement taken from collection vehicle s odometer, and measured between the funeral home from which the funeral is to be conducted and the collection location. Mileage over 25 miles will be charged by the Funeral Director in accordance with their payment terms. 4.7 Applicable to Topaz, Pearl, Sapphire and Ruby Plans: Where Plans provide for cremation, additional charges may be due from the Plan Holder/Plan Holder s Representative to the Funeral Director in accordance with their payment terms in the following circumstances: (a) If the crematorium makes any additional charge for the provision of music (such as a choir or organist) or any other services; (b) Any fee payable to a doctor to the extent that it exceeds the maximum amount recommended at the time of death by the British Medical Association (or any replacement organisation); (c) The fee charged by the Minister of Religion or Official to the extent that it exceeds the maximum amount recommended by the Church of England Stipend Authority (or any replacement authority); (d) Any other additional services over and above those that are included in the Plan as paid for by the Plan Holder. 4.8 Applicable to Topaz, Pearl, Sapphire, Ruby Plans: The funeral service will be arranged at a time convenient to the Plan Holder s Representatives, subject to the availability of the Funeral Director. An additional charge may be due to the Funeral Director in accordance with their payment terms should the Plan Holder s Representative(s) (or other person who arranges the funeral) require the funeral to take place on a weekend or public holiday. 4.9 Applicable to Direct Cremation, Topaz, Pearl and Sapphire Plans only: If the Plan Holder/Plan Holder s Representative(s) wishes to upgrade the Plan, then the upgrade cost will be the difference between the total sum paid towards the Plan at the point is upgraded, and the price prevailing at the time of the upgrade of whichever of the higher Plan options to which the Plan is to be upgraded Applicable to Topaz, Pearl, Sapphire and Ruby Plan only: The Plan cannot be downgraded to a Direct Cremation Plan, without first cancelling the Plan subject to Section Applicable to All Plans: Further to Sections 11.1, 11.2, & 11.3 when the Company has been informed of the death of the Plan Holder, and the Plan Holder has been collected and taken into the care of the Funeral Director, should the Plan Holder s Representative(s) be unable, for any reason, to settle any outstanding balance due in respect of the Plan further to Section 8.5, then all monies paid towards the Plan at the time of the Plan Holder s death, less the Company s fees further to Section 12, will be paid to the Funeral Director who will then advise the Plan Holder s Representative(s) as to the steps to be taken by families who are unable to meet all or part of the cost of a funeral. At that point the Company shall have no further obligations to the Plan Holder or the Plan Holder s Representative(s), financial or otherwise, except as specifically set out in these Terms Applicable to Topaz, Pearl, Sapphire, Ruby Plans only: Further to Section 3.4 the Funeral Director appointed by the Company may not be the same as may have been nominated by the Plan Holder/Plan Purchaser Applicable to All Plans: If the Plan Holder passes away outside of the UK, and the Plan Holder s Representative(s) wish for the funeral to take place outside of the UK, the Plan Holder s Representatives will be liable to pay any additional monies requested/demanded by the overseas Funeral Director, over and above those that would otherwise be paid to a UK based Funeral Director by the Company pursuant to Sections 12.2 and 12.3 of these Terms. 5. ADDITIONAL ITEMS / SPECIAL REQUESTS 5.1 Applicable to Topaz, Pearl, Sapphire, Ruby Plans only: Where additional items or special requests that are not included within the Plan cost as standard, are added to the Plan (and if they incur an additional cost) the additional sum paid by the Plan Holder for the respective additional item(s) is an allowance and not a fixed sum. The allowance grows over the course of the Plan Holder s lifetime (in line with CPI, calculated annually). Upon death of the Plan Holder, if it transpires that the allowance (plus CPI uplift as applicable at that time) is insufficient to cover the cost of the relevant additional item or special request that it is intended to contribute towards, then there will be a balance for the Plan Holder s Representative(s) or other individual(s) tasked with arranging the funeral, to pay. If applicable, any such balance will be payable directly to the Funeral Director in accordance with their payment terms. 6. REPATRIATION TO THE UK 6.1 Applicable to Topaz, Pearl, Sapphire, and Ruby Plans only: Where an allowance further to Section 5.1 has been added to the price of the Plan to contribute towards the repatriation of the Plan Holder to the UK, if, at the time of the funeral, the allowance (plus CPI uplift as applicable at that time) is insufficient to cover that cost, there will be a balance for the Plan Holder s Representative(s) or other individual(s) tasked with arranging the funeral, to pay. If applicable, any balance will be payable directly to the Funeral Director, or repatriation specialist, in accordance with their payment terms. 7. CHANGE OF ADDRESS 7.1 Applicable to Topaz, Pearl, Sapphire, Ruby plans: If the Plan Holder changes their permanent address to anywhere within the UK, they must notify the Company. If the Plan Holder nominated a preferred Funeral Director further to Section 3.4, and, following a

4 move to a new location within the UK, wishes the funeral to be undertaken by the originally nominated Funeral Director, then additional mileage covered by the Funeral Director will be charged in accordance with Section Applicable to All Plans: If the Plan Holder changes their permanent address to anywhere outside of the UK, then the Plan Holder can choose between the following: (a) assigning the benefit of their Plan to a family member/friend who remains resident within the UK, or (b) cancelling the Plan (which will incur a cancellation fee further to Section 10). 8. PAYMENT BY INSTALMENTS 8.1 Applicable to All Plans: Where the Plan is being paid for by monthly instalments (monthly instalments of 25 months or more), the Company applies a flat 4% Instalment Handling Charge calculated annually, and charged monthly. 8.2 Applicable to All Plans: Unless otherwise authorised by the Company, instalments will be paid by Direct Debit. The day of the month on which the Plan Holder s instalments will be paid will be either the 1 st of each month, or the 15 th of each month, according to the Plan Holder s personal preference. 8.3 Applicable to All Plans: Unless all instalments are paid in accordance with the agreed timescale, then the Company will be under no obligation to provide or procure the services contained within the Plan. Any change to the date on which monthly instalments are made, must be agreed with Company prior to change taking place. 8.4 Applicable to All Plans: If the Plan Holder/Plan Purchaser ceases to pay their monthly Direct Debit instalments but does not notify the Company as to the reasons, or does not cancel their Plan pursuant to Section 10, then after a period of 12 weeks from the date on which the first missed instalment occurred, the Company reserves the right to cancel the Plan on giving the Plan Holder/Plan Purchaser not less than 14 days prior written notice. In the event of such, any refund due will be subject to the Company s standard 249 Cancellation Charge (see Section 10). 8.5 Applicable to All Plans: If the Plan Holder passes away before all instalments are paid, the balance of the Plan (together with any other Funeral Director s costs already incurred) must be paid by the Plan Holder s Representative(s) before the Funeral Director can be instructed. The Company will calculate the outstanding balance as follows: Plan Holders who pass away before 24 consecutive monthly instalments have been since date of purchase: As no monthly Instalment Handling Charge (see 8.1) is applicable to plans paid over 12 or 24 months, the balance will be calculated by deducting the sum paid towards the Plan by the time the Plan Holder dies, from the price of the Plan confirmed at the time it was purchased. The balance due is the difference between these two figures. Plan Holders who pass away after 24 consecutive monthly instalments have been made since the date of purchase: Because Plans paid for by instalments over a period of time in excess of 24 months are subject to a monthly Instalment Handling Charge (see 8.1) the Company first calculates the Instalment Handling Charge payable (at 4% flat, calculated annually) over the period of time between the Plan being purchased and the Plan Holder s death. It then adds the sum of this Instalment Handling Charge to the net price of the Plan (that being the cost of the Plan excluding Instalment Handling Charge, less any deposit paid) as it was at the time it was purchased. This amount will be deducted from the total paid towards the Plan by the time of the Plan Holder s death. The net figure is the balance due. 8.6 Applicable to All Plans: In addition to any sum due as a balance under Section 8.5 the Plan Holder s Representative(s) must also pay for any additional cost incurred with any Funeral Director who has been instructed directly (by the Plan Holder s Representatives) and not by the Company. 8.7 Applicable to All Plans: If any instalment is not paid within 60 days of the day on which it is due (but the Plan is not cancelled by the Plan Holder in accordance with Section 10), the price guarantee of the Plan will lapse, meaning that in the event of the death of the Plan Holder, the Company will calculate the balance of the Plan in the manner described in Section 8.5 except the calculation will be determined using the price of the Plan as it is at the time of death (and not as it was at the time the Plan was purchased). 8.8 Applicable to All Plans: Where a Plan is purchased as part of a Double Plan purchase, unless the Company permits otherwise, monies paid by way of monthly instalments towards one half of the Double Plan, cannot be transferred over to the second half of the Double Plan, and vice-versa. 9. PAYMENTS BY DEBIT / CREDIT CARD 9.1 Applicable to All Plans: Where payments are made by credit card, such transactions incur a 2.5% non-refundable surcharge. Should the Plan Holder/Plan Purchaser cancel their Plan having paid by credit card, any refund amount due will exclude the 2.5% surcharge (payments made by debit card do not currently carry a surcharge). 10. CANCELLATION 10.1 Applicable to All Plans: Whether the Plan is paid for in full or by instalments, the Plan Holder has the right to cancel the Plan and receive a full refund of all monies paid towards the Plan price, ONLY upon giving to the Company written notice* within 30 days of the Plan Effective Date detailed in the Plan Holder s Plan Certification. Refunds of the Plan price (not any of the Instalment Handling Charges if Instalment Handling Charges are applicable) will be processed via one of the following means at the Company s discretion: Direct refund (to bank account) Cheque Refund to debit card/credit card 10.2 Applicable to All Plans: Refunds due pursuant to Item 10.1 will be paid within 14 days of the Company receiving from the Plan Holder written notice that the Plan is to be cancelled Applicable to All Plans: After 30 days from the Plan Effective Date, the Plan Purchaser may request, by way of writing only*, that the Plan be cancelled and the Company refund the cost of the Plan

5 (if Plan was paid in full) or the amount paid towards the price of the Plan at the point of cancellation (if Plan was paid for by instalments, in which case any Instalment Handling Charges incurred to the date of cancellation are not refundable). Any refund due will be subject to a Cancellation Charge of 249 per single plan, or 498 per double plan. *Cancellation instruction to be given in writing (by, either, letter detailing Plan Holder s/plan Purchaser s name and the plan number, or by the tear-off Cancellation Form, overleaf) and sent to Safe Hands Funeral Plans, 8 Peterson Road, Wakefield, West Yorkshire, WF1 4EB, or by (from an address containing the Plan Holder s/plan Purchaser s name, sent to cancellations@safehandsplans.co.uk Applicable to All Plans: (a) No refunds are given for Plans that are cancelled after the death of the Plan Holder, save at the absolute discretion of the Company (b) Only the Plan Holder (or purchaser/signatory to the Plan application form, or their Attorney) is entitled to instruct cancellation of the Plan. (c) Where Plans are cancelled after 30 days from the Plan Effective Date no refund shall be given if the total amount paid towards the Plan at the time of cancellation, is less than the 250 Cancellation Charge. (d) If the Plan was purchased with the benefit of an incentive (such as a voucher or other similar gift incentive), a sum commensurate to the exact value of the voucher (or similar gift incentive) will be deducted from the refund amount. 11. PROCEDURE ON DEATH OF PLAN HOLDER 11.1 Applicable to All Plans: If the death of the Plan Holder occurs at home or in a residential care home (or anywhere else) and the doctor does not deem it necessary to transfer the Plan Holder to hospital (for post-mortem), then further to Sections 3 and 4 and Section 11.5, when the Company has been informed of the death of the Plan Holder, it will engage the Funeral Director who will liaise directly with the Plan Holder s Representative(s) and/or any other relevant person(s) as soon as practicably possible to arrange collection of the deceased in order to take them into their care Applicable to All Plans: When the Company has been informed of the death of the Plan Holder, if the Plan Holder is in hospital and it is not a weekend or public bank holiday, then further to Sections 3.00 and 4.00 and Section 11.5 the Company will, on the next working day, engage the Funeral Director who will liaise directly with the hospital/plan Holder s Representative(s) and/or any other relevant person(s) as soon as practicably possible, to arrange collection of the deceased and take them into their care Applicable to Direct Cremation Plan: (a) When the Company has been informed of the death of the Plan Holder, then further to Section 3 and Sections 11.1, 11.2 and 11.5 the Funeral Director that collects the Plan Holder, and into whose care the Plan Holder is taken, may not necessarily be local to the Plan Holder or the place from which the Plan Holder is to be collected. (b) Further to Sections and 11.5 the Funeral Director will arrange cremation and notify the Plan Holder s Representative(s) of the date, time of the cremation and location of the crematorium at which the cremation will be taking place. Note: This Plan does not include a funeral service, chapel of rest/premises viewing, or cleaning/preparation of the Plan Holder. (c) If cremated remains are to be returned to the Plan Holder s Representative(s) by courier, the cost (of the courier) will be the Plan Holder s Representatives expense Applicable to Topaz, Pearl, Sapphire, Ruby Plans: If, at the time of the Plan Holder s death, the Plan Holder s Representative(s) wishes the funeral to be conducted by an alternative Funeral Director whose appointment cannot be made further to Section 3.4 then the Company will pay the cost of the alternative Funeral Director s Fees and Services at no additional cost to the Plan Holder s Representative(s) provided that: (a) the services provided are in accordance with those detailed in the Plan; and (b) the alternative Funeral Director s Fees and Services (including any costs due to 3 rd Parties that are not covered within the provisions of the Plan) do not exceed the value of the fees payable to the Funeral Director, by the Company, for the relevant plan type; should they exceed that value, the Company will pay to the alternative Funeral Director the sum which it would have paid to the original Funeral Director. The Plan Holder s Representative(s) will be liable to pay, directly to the alternative Funeral Director, any additional fees that the alternative Funeral Director requires over and above the sum which the Company would have paid to the original Funeral Director Applicable to All Plans: Within the provisions of the Plan, once the Funeral Director has been appointed by the Company pursuant to Section 3 all arrangements for the funeral will be made directly between the Plan Holder s Representative(s) and the Funeral Director. 12. GENERAL 12.1 Applicable to All Plans: The Company is not liable for any acts or omissions of any Funeral Director appointed to undertake the funeral Applicable to All Plans: All sums received by the Company constitute a pre-payment towards the cost of the funeral through the Plan in accordance with the provisions of these Terms. Neither the Plan Holder, nor the Plan Holder s Representative(s), are entitled to any interest on, or income from, any part of the sum paid to the Company in connection with the Plan, and any rights the Plan Holder or Plan Holder s Representative(s) may have to any refund of any sum paid are governed strictly by these Terms. The sum the Plan Holder/Plan Purchaser pays to the Company in connection with the Plan will, for the duration of the Plan Holder s lifetime, be held and invested securely in the ring-fenced Safe Hands Plans Limited Trust Fund (presently through Pitmans Trustees Ltd), in accordance with all relevant legislation as set out in the Financial Services and Markets Act 2000 Regulated Activities Order The Trust is authorised to pay the Company a sum in respect of each Plan to meet the Company s administrative overheads and expenses of operation, which will not exceed 850. The Trust is also authorised to make further payments to the Company from time to

6 time on condition that the Trust is professionally advised that it holds sufficient funds to meet all of its obligations to all of its Plan Holders. The sum paid to the Funeral Director for the guaranteed funeral services of each Plan may be more or less than the sum paid by the Plan Holder for the Plan Applicable to the Topaz, Pearl, Sapphire, and Ruby Plans only: Upon death of the Plan Holder, subject to any outstanding balance being settled pursuant to Section 8.5, the maximum the Company will pay to the Funeral Director appointed in accordance with the provisions set out in Sections 3 and 11.4 & 11.5 of these Terms, will be a sum commensurate to the sum of monies invested into the Safe Hands Plans Ltd Trust Fund pursuant to 12.2, plus annual indexed CPI uplift The Company shall have no further obligations to the Plan Holder or the Plan Holder(s) Representatives, whether financial or otherwise, save as expressly set out in these Terms. The Company excludes all liability for damages and losses, including consequential losses, to the fullest extent permitted by law. Alternatively, should the court deem that such exclusion should not apply in any particular circumstance, then the liability of the Company in respect of any Plan is limited to the price paid for that Plan The Plan does not include VAT which is not at present charged on funerals in the UK. However, if at the time of the Plan Holder s funeral, VAT is payable on the funeral service or any part of it, then any increased costs associated with the introduction of VAT will be payable by the Plan Holder s Representative(s) (or other person arranging the funeral) to the Funeral Director These Terms and the Plans are made under and governed by English Law, and any disputes not resolved first by discussion and/or mediation shall be dealt with by the English Courts The Company reserves the right to amend these Terms from time to time and will upon doing so give notice to the Plan Holder of any such amendments. Cancellation Form Note to customer(s): If you change your mind within 30 days of the 'Plan effective from' date (see Plan Details page in your Customer Welcome Pack), then you are eligible to receive a full refund of all monies paid. If you change your mind after 30 days of the 'Plan effective from' date, then any refund due will be subject to a cancellation charge of 249 for a single plan, or 498 for a double plan. Only the Plan Holder (or plan purchaser/signatory to the plan application, or their attorney) is entitled to instruct cancellation of the plan. To be completed by the plan purchaser only. I/we : hereby give notice that I/we wish to cancel my/our contract of sale of the funeral plans detailed, below: Plan Number(s): / Customer Name: Customer Signature: Date: / / Please cut out and send this completed Cancellation Form to Safe Hands Funeral Plans, 8 Peterson Road, Wakefield, West Yorkshire, WF1 4EB, or it to cancellations@safehandsplans.co.uk